California lawmakers have passed groundbreaking legislation that could dramatically change the landscape for undocumented students attending public universities in the state.
This week, the state legislature approved Assembly Bill 2586, which would ensure that public universities could not disqualify undocumented students for campus jobs based on their work permit status. The bill now awaits the signature of Gov. Gavin Newsom.
Introduced by Assemblymember David Alvarez, a Democrat from the San Diego area, the bill was inspired by the University of California’s (UC) recent decision to reject a similar proposal due to legal concerns. Under pressure from the Biden administration, UC opted not to test federal laws that prohibit the hiring of undocumented individuals. This legislative move comes at a time when border security remains a significant issue in national politics, especially during the current election cycle.
AB 2586 would apply to the California State University (CSU) system and California Community Colleges, the largest four- and two-year higher education systems in the nation, respectively. The bill’s applicability to the UC system remains in question due to its constitutional autonomy from the state legislature.
Proponents of the bill argue that it will provide much-needed financial support to undocumented students who struggle to stay afloat while pursuing their education.
“We will be helping students who struggle every day to stay financially afloat as they are earning their degrees, really changing their lives,” Alvarez stated on the Assembly floor.
However, critics, including some within the UC system, warn that the legislation could expose students and universities to legal risks, as federal law currently prohibits the employment of undocumented individuals. The UC has expressed concerns that participation in such employment arrangements could result in criminal liability for both students and university employers.
If signed into law, the bill would require universities to begin hiring undocumented students by January 6, 2025. This could offer employment opportunities to many students who have been unable to work since the Deferred Action for Childhood Arrivals (DACA) program was frozen, leaving them ineligible for employment in the U.S.
The legislation reflects California’s broader push to expand access to government programs and services for undocumented residents, even as national Democrats adopt more conservative stances on immigration. With Newsom’s decision looming, the future of AB 2586 could set a precedent for other states grappling with the rights of undocumented students in higher education.
